Archived
When would it be permissable (give good cause shown) to file motion for reconsideration on an order sustaining demurrer w/o leav
Herb's answer
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Answered on August 16, 2016
The answer is probably not, although some creative lawyering might do the trick.
There are many moving parts here: has a judgment of dismissal...
Archived
When is party allowed to move based on Move-Away order?
Herb's answer
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Answered on August 14, 2016
An order in a family law proceeding allowing a parent to remove a child out of state is automatically stayed (suspended) for 30 days by operation...
Archived
Can my grandmother sue the restaurant while in California?
Herb's answer
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Answered on August 14, 2016
She will have to sue in Texas. If the amount of damages is sufficient, she may have the right to choose to sue in state (Texas) court or in...
Archived
Can I change my status from contested to Uncontested if we're in the middle of a court case?
Herb's answer
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Answered on August 14, 2016
As you are in pro per, I strongly recommend that, at a minimum, you consult with a competent family law attorney before withdrawing your opposition...
Archived
Can a person who files a motion for changes able to cancel or dismiss a trial?
Herb's answer
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Answered on August 13, 2016
You cannot get the case "dropped" unless the petitioner agrees to dismiss it.
Archived
Can you request from the opposing attorney a copy of interagorries that your former attorney filed without your consent?
Herb's answer
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Answered on August 13, 2016
First, if you released your attorney he is obligated to turn over to you his original and complete files in this matter at your request. That...
Archived
In California small claims courts if I dismiss will I still be liable for attorney fees and costs in an Anti-Slapp motion filed?
Herb's answer
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Answered on August 10, 2016
I have handled anti-SLAPP motions in the trial courts and in the courts of appeal, and I have written articles on anti-SLAPP for legal periodicals....
Archived
Is an appellate opinion void for relying on an issue not raised in the lower court?
Herb's answer
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Answered on August 07, 2016
Your question is not clear; if he said in court that you signed a wavier, then he raised the issue.
In any event, even if not raised below, the...
Archived
Can a appointed attorney be replaced by a retained attorney on a criminal appeal after opening brief is filed?
Herb's answer
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Answered on August 06, 2016
You are always free to retain your own attorney (although CAP may then investigate whether you were actually eligible for its services). But your...
Archived
Can i be sued for MALACIOUS PROSECUTION, as a result of joinder in divorce case and then appeal of divorce case? (bankruptcy)
Herb's answer
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Answered on August 05, 2016
The typical remedy against someone who prosecutes a malicious or frivolous appeal, is for the opposing party to ask the court of appeal to impose...
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